Labor & Employment
Aussie Court Upholds Workers’ Comp for Woman Injured During Hotel Tryst on Business Trip
Posted Dec 18, 2012 8:41 AM CST
By Debra Cassens Weiss
An Australian court has upheld a judge’s decision that a woman injured during hotel sex on a business trip is entitled to workers' compensation.
The Full Bench of the Federal Court ruled last Thursday on behalf of the woman, a government employee, report the Associated Press, the Independent and the Canberra Times. The woman was injured in 2007 when a wall-mounted light fell on her during the sexual encounter with an acquaintance.
The government insurer Comcare had argued it did not have to pay compensation because the woman's injuries did not occur in the course of employment. Comcare had also argued it was not responsible for payment because the government had not induced or encouraged the sexual conduct.
The Full Bench disagreed. “No approval, express or implied, of the respondent’s conduct was required,” the court said.
Comcare is considering an appeal to Australia’s highest court.